A defendant shall be punished by imprisonment for not more than ten months.

The defendant pays 60 million won to the applicant through deception. This is the case.

Criminal facts

The defendant is a person who operates a golf product store in the name of F Co., Ltd. from the wife population E.

피고인은 2014. 6. 16. 경 주식회사 F에서, 피해 자인 주식회사 G(2014. 11. 13. 주식회사 D로 상호변경) 의 대표이사 H에게 “ 테 디 베어 여성용 골프 화가 속칭 ‘ 삥 물건’ 이라는 덤핑 물건으로 나왔는데, 그 골프화를 사 갈 사람이 이미 줄을 서 있는 중이다.

Therefore, it was decided to receive and dispose of cash immediately after the purchase of the goods by internal organs. That is, it was transferred from the injured party to the national bank account in the name of F Co., Ltd. in the name of F in the operation of the Defendant, as a loan, KRW 60 million,000,000, by means of a false statement to the effect that the property value of KRW 60 million may be repaid without the mold two days after the loan.

However, in fact, the Defendant was liable to pay the price of goods to multiple customers, such as I and H, but at the time, golf industry had been accumulated in the influencies, such as the Sewol ferry case and the Gyeonggi Fire, and the Defendant failed to pay the wage to the golf shop operated by the Defendant, and even if he borrowed money from H, he did not have any fact of securing cash sales place in advance. In addition, since the Defendant intended to supplement the shortage of operating funds by using the money for the purpose of paying off the existing debt or selling it to consumers for a long time in the golf store operated by himself, there was no intention or possibility to immediately resell the funds by the purchase, and it was well aware that the Defendant would not lend the money to the victim if he properly notifies the victim of this fact.

Accordingly, the Defendant, by deceiving H, received 60,000,000 won from the damaged person as the borrowed money for the purchase of goods, and acquired it by fraud.

(i) the evidence;